HomeMy WebLinkAbout20120247 Ver 1_Approval Letter_20120320A��
NWEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E
Governor Director
March 20 2012
Watauga County
NCDWQ Project No 2012 0247
Bridge 192 (SR 1509)
Project no 11B 209511
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Heath Slaughter
NCDOT Division 11
PO Box 250
North Wilkesboro NC 28659
Dear Mr Slaughter
You have our approval in accordance with the conditions listed below, for the following impacts for the
purpose of replacmg Bridge No 192 over Pine Run Creek on SR 1509 in Watauga County
Stream Impacts in the New River Basin
Dee Freeman
Secretary
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill
Total Stream
Stream
in Intermittent
Intermittent
Perennial Stream
m Perennial
Impact
Impacts
Stream (linear
Stream (linear ft)
(linear ft)
Stream (linear ft)
(linear ft)
Requiring
ft)
Mitigation
linear ft
1
80
80
160
0
80
80
160
0
Total
Total Stream Impact for Protect 160 linear feet
The project shall be constructed m accordance with your application dated received March 7 201 After
reviewing your application we have decided that these unpacts are covered by General Water Quality
Certification Numbers 3820 These certifications correspond to the Nationwide Permit 14 issued by the
Corps of Engineers In addition you should acquire any other federal state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control Non Discharge
and Water Supply Watershed regulations This approval will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified
below) Should your project change you must notify the NCDWQ and submit a new application If the
property is sold the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions If total wetland fills for this project (now or in
the future) exceed one acre or of total impacts to streams (now or m the future) exceed 150 linear feet
compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) For this
approval to remain valid, you must adhere to the conditions listed m the attached certification(s) and any
additional conditions listed below
North Carolina Division of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone 336-7715000 1 FAX 336 - 771 -0630
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolma
Naturally
Condition(s) of Certification
Project Specific Conditions
1 Native riparian vegetation must be reestablished in the riparian areas within the construction limits
of the protect by the end of the growing season following completion of construction
2 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
3 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401
Water Quality Certification
4 Stormwater should be directed across the bridge and pre treated through site appropriate means
(grassed swales pre formed scour holes vegetated buffers etc ) to the maximum extent practicable
before entering the stream Please refer to the most current version of Stormwater Best
Management Practices
5 The outside buffer wetland or water boundary located within the construction corridor approved by
this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification
General Project Conditions
6 The use of rip rap above the Normal High Water Mark shall be mmimized Any rip -rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage
7 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval
8 Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream
9 All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels lubricants hydraulic fluids or
other toxic materials
10 No rock sand or other materials shall be dredged from the stream channel except where
authorized by this certification
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
12 State or federal law is being violated or that further conditions are necessary to assure compliance,
NCDWQ may reevaluate and modify this certification
13 A copy of this Water Quality Certification shall be maintained on the construction site at all times
In addition the Water Quality Certification and all subsequent modifications if any shall be
maintained with the Division Engineer and the on site project manager
14 The issuance of this certification does not exempt the Permittee from complying with any and all
statutes rules regulations or ordinances that may be imposed by other government agencies (i e
local state and federal) having jurisdiction including but not limited to applicable buffer rules
stormwater management rules soil erosion and sedimentation control requirements etc
15 The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery
16 Upon completion of the project (including any impacts at associated borrow or waste sites) the
NCDOT Division Engineer shall complete and return the enclosed Certification of Completion
Form to notify NCDWQ when all work included in the 401 Certification has been completed
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing You may obtain the petition form from the office of Administrative hearings
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one
(1) copy of the petition must be fled with the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facsimile (919) 733 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions please contact Amy Euliss at (336) 771 4959
Sincerely
Charles Wakild
/ Director
Attachments (GCs 3689 3701 and 3688)
cc w /out attachments
Monte Matthews US Army Corp Raleigh Field Office e copy
Heath Slaughter Division 11 Environmental Officer e copy
Marla Chambers NC Wildlife Resources Commission
Wetlands/ 401 Transportation Permitting Unit
File Copy
NCDWQ Protect No County
Applicant
Protect Name
Date of Issuance of 401 Water Quality Certification
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules and any subsequent modifications the applicant is required to return this certificate to the 401
Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center
Raleigh NC 27699 1650 This form may be returned to NCDWQ by the applicant the applicant s
authorized agent, or the protect engineer It is not necessary to send certificates from all of these
Applicant's Certification
I hereby state that to the best of my abilities due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules
the approved plans and specifications and other supporting materials
Signature
Agent's Certification
Date
I , hereby state that to the best of my abilities due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules
the approved plans and specifications and other supporting materials
Signature
Date
Engineer's Certification
Partial Final
I as a duly registered Professional Engineer in the State
of North Carolina having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that to the best of my abilities due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved
plans and specifications and other supporting materials
Signature
Date
Registration No